• 무역상무연구
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• 제49권
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• pp.237-256
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• 2011

A Liner Conference can be defined as "a group of two or more vessel operating carriers which provide international liner services for the carriage of cargo on a particular route or routes within specific geographical limits and which has an agreement or arrangement within the framework of which they operate under uniform or common freight rates and any other agreed conditions with respect to the provisions of the liner services". This study reviews maritime transport policy regarding liner conference and the changes in the liner market over the decades. Liner shipping industry has long been protected from competition by block exemption. The repeal of the block exemption for liner conferences and the abolition of any special EC antitrust regime for the shipping industry marks an important step in European maritime competition policy. This article examines the origins and the rationale of the EC antitrust immunity granted so far th the shipping industry and explains the causes of this historic changes. The abolition of Regulation 4056/86 and of the EU commitment to the UN Code of Conduct marks an historical evolution in international maritime policy, which will have an influence far beyond the EU.

• 해운
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• 1호통권24호
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• pp.30-32
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• 2006

유럽집행위원회(EC)는 최근 해운동맹에의 독점금지법(경쟁법) 포괄적용 제외를 규정한 규칙(EC 이사회규칙 4056-86)의 폐지를 제안, 세계해운업계의 이목이 집중되고 있다. 이같은 제안이 현실화될 경우, 장기적으로 선복량 과잉현상이 해소될 것으로 예상되나, 운임의 하락압력이 더욱 강해져 해운선사들의 채산성이 악화될 것으로 분석되고 있다. 다음은 EC 내에서 일고있는 해운동맹에 대한 EU 경쟁법 예외적용 폐지 움직임을 정리한 것이다.(편집자 주)

• 무역상무연구
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• 제45권
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• pp.165-188
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• 2010

The repeal of the block exemption for liner conferences and the abolition of any "special EC antitrust regime" for the shipping industry marks an important step in European maritime competition policy. This article examines the origins and the rationale of the EC antitrust immunity granted so far to the shipping industry and explains the causes of this historical change. Moreover, based on the precedents which have appeared so far, a general assessment is offered under this new EC regime on agreements restricting competition in the liner shipping industry, in particular horizontal ones: conference and tariff/freight arrangements will be doomed, whereas the legitimacy of consortia agreements should not be cast in doubt; a case-by-case analysis will be the approach as regards exchange or dissemination of information by shipowners in the market, and the relevant case law which emerges on these matters in other industries will be the criterion for their evaluation. Finally, a few remarks are made in respect of the international dimension of the decision to outlaw liner conferences and hence carve out EU Member States from the UN Code of Conduct regime.